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Index of Cases with Citations
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
P & V Enterprises v. U.S. Army Corps of Engineers
D.C. Circuit Holds Corps’ Advance Notice of Proposed Rulemaking Seeking Public Input Defining ‘Waters of the United States’ Did Not Reopen Rule for Challenge April 2008
Pacific Coast Federation of Fisherman's Associations, et al. v. Gutierrez, et al.
Environmental Groups File Lawsuit Challenging Delta Biological Opinion Affecting the Central Valley and State Water Projects October 2005
Pacific Coast Federation of Fisherman's Associations, et al. v. Gutierrez, et al
News from the West June 2010
Update on the Salmonid and Delta Smelt Biological Opinions’ Restrictions on Pumping Operations in the Sacramento-San Joaquin Delta May 2010
Delta Salmon/Smelt Consolidated Cases: Salmon TRO Granted, Delta Smelt TRO Denied, Preliminary Injunction Hearing Set March 2010
District Court Judge Wanger Issues Order Regarding New Request for Interim Injunctive Relief in Pacific Coast Federation Case December 2008
News from the West December 2008
In Challenge to Operation of State and Federal Water Projects, Federal District Court Denies Request to Order Increased Flow Releases and Opening of Diversion Dam August 2008
Federal Judge Partially Invalidates Salmonid BiOp for Inconsistent Conclusions and Failure to Address Climate Change Impacting California’s Water Projects May 2008
News from the West December 2007
Pacific Coast Federation of Fishermen’s Association, et al. v. U. S. Bureau of Reclamation
Klamath River Project Litigation Demonstrates Endangered Species Act Effects on Agency Decisions May 2006
Ninth Circuit Rejects Klamath Irrigation Plan as Insufficient to Protect Salmon December 2005
District Court in California Dismisses Yurok Tribe’s Claim Regarding Federal Reserved Water Rights May 2005
Klamath Irrigation Project Woes Continue as United States Ceases Nearly All Deliveries to Irrigation Users under 2001 Operations Plan May 2001
Klamath Irrigation Project Woes Continue as United States Ceases Nearly All Deliveries to Irrigation Users under 2001 Operations Plan May 2001
Pacific Coast Federation of Fishermen’s Associations, Inc. v. National Marine Fisheries Service,
Ninth Circuit Holds that Biological Opinions by the National Marine Fisheries Service Are Inadequate July 2001
Pacific Coast Federation of Fishermen’s Associations, Inc. v. National Marine Fisheries Service
Judge Wanger Issues Preliminary Injunction Halting Implementation of Salmon and Steelhead Biological Opinions July 2010
Ninth Circuit Holds that Biological Opinions by the National Marine Fisheries Service Are Inadequate July 2001
Federal/Orego: Ninth Circuit Holds that Biological Opinions by the National Marine Fisheries Service Are Inadequate July 2001
Pacific Gas & Electric v. California Dept. of Water Resources
California Court of Appeal Rules Department of Water Resources Must Make a Determination that Its Revenue Requirements Are Just and Reasonable December 2003
Pacific Hills Homeowners Association v. Prun
Fourth District Court Affirms Enforcement of Homeowners Association’s Unrecorded Architectural Guidelines May 2008
Pacific Land Partners, LLC v. Washington Department of Ecology
News from the West October 2009
Washington Court of Appeals Issues New Interpretation of State’s Water Rights Relinquishment Statute August 2009
Pacific Lumber Company v. California State Water Resources Control Board
California Supreme Court Grants Review of Case Upholding Water Board Authority to Regulate Effects of Timber Harvesting August 2004
California Supreme Court to Review Two Decisions Regarding Inter-Agency Jurisdiction over Timber Harvesting Operations August 2004
California Department of Forestry Approval of Timber Harvest Plan Did Not Preclude the SWRCB from Separately Requiring Water Quality Protection Measures May 2004
Pacific Merchant Shipping Assoc. v. Goldstene
Ninth Circuit Holds Clean Air Act Preempts California’s Marine Vessel Rules April 2008
Pacific Mills Acquisition v. Essex Company
Massachusetts State Land Court Holds Transfer of Water Withdrawal Rights Effective for Hydroelectric Dam Company August 2009
Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles
Superior Court Finds City Abused Its Discretion in Denying a Mobilehome Park Conversion Application as Incomplete May 2009
Pacific Rivers Council v. California Dept. of Fish and Game
Environmental Groups Sue California Department of Fish and Game for Violating CEQA and Its Own Policies when Stocking Fish December 2006
Pacific Soboba Band of Mission Indians V. Metropolitan Water District Of Southern California, Et Al.
Federal Court Denies Metropolitan's Motion to Dismiss Suit Regarding Leakage from Aqueduct Tunnel May 2001
Federal Court Denies Metropolitan's Motion to Dismiss Suit Regarding Leakage From Aqueduct Tunnel May 2001
Pagosa Area Water and Sanitation District v. Trout Unlimited
Colorado Supreme Court Holds Claimed Conditional Appropriations by Governmental Water Suppliers Lacked Sufficient Evidence January 2010
Colorado Supreme Court Refines ‘Great and Growing Cities’ Doctrine for Municipal Water Providers Seeking to Meet Future Water Demands January 2008
Paiute Shoshone Indians of the Bishop Community of the Bishop Colony of California v. City of Los Angeles
District Court Rejects Tribal Claim against City of Los Angeles Regarding 1941 Land Exchange and Water Rights April 2007
Pajaro Valley Water Management Agency v. Amrhein
Sixth District Holds that Groundwater Augmentation Charges Are Subject to Proposition 218 July 2007
Pakootas v. Teck Cominco Metals, Ltd
District Court Finds that Confederated Tribes of the Colville Reservation Are Not ‘Persons’ under CERCLA October 2009
Ninth Circuit Upholds EPA Unilateral Order Mandating CERCLA RI/FS Regarding Releases to Columbia River Originating from Canadian Disposal Site October 2006
Pakootas v. Teck Cominco Metals, Ltd.
District Court in Washington Holds that CERCLA Applies to Pollution Originating in Canada that Migrates by River into the United States January 2005
Paland v. Brooktrails Township Community Services Board of Directors
First District Finds Minimum Base Rate Water Charge Per Parcel Doesn’t Require Proposition 218 Ballot Approval March 2010
Paland v. Brooktrails Township Community Services District Board of Advisors
First Appellate District finds Monthly Base Rate for Water Service Is a Property-Related Fee, Not an Assessment, under Article XIII D of the California Constitution October 2009
Palazzolo v. Rhode Island
United States Supreme Court: Landowners May Bring Inverse Condemnation Actions for Regulatory Takings when They Acquire Property after Imposition of Regulations October 2001
Palmdale Water District v. City of Palmdale
Superior Court Upholds City of Palmdale’s Decision to Provide Recycled Water Service within Palmdale Water District’s Service Area July 2010
FEMA Sued in Federal District Court for Issuance of Flood Insurance Constituting a Violation of the Endangered Species Act November 2009
Palmer Sixth Street Properties, L.P. v. City of Los Angeles
Second District Holds Los Angeles’ Inclusionary Housing Requirements Violate Costa-Hawkins Rental Housing Act October 2009
Panetta v. Equity One, Inc.
New Jersey Supreme Court Draws Hard Line between Riparian Rights and a Riparian Grant June 2007
Panoramic Hill Association v. Regents of the University of California
Groups File CEQA Challenges to U.C. Campus Expansion Plans—Win Preliminary Injunction May 2007
Paper, Allied-Industrial Chemical and Energy Workers International Union and Ponca Tribe v. Continental Carbon Company
Tenth Circuit Finds Citizen Suits under the Clean Water Act Seeking Equitable Relief Are Not Barred by Concurrent Administrative Enforcement Actions January 2006
Paraco Gas Corp. v. AGA Gas, Inc.
New York District Court Uses "Source of Knowledge" Standard to Decide Breach of Warranty Action May 2003
Parchester Village Neighborhood Council v. City of Richmond
First District Holds City’s Agreement to Provide Municipal Services to Proposed Tribal Casino Not a Project under CEQA April 2010
Parker v. Scrap Metal Processors, Inc.
Eleventh Circuit Holds that Federal Court Jurisdiction Exists for Case Alleging Violation of State-Issued Clean Water Act Permit November 2004
PAS Oswego Site Performing Group v. Alcan Aluminum Corp
District Court Rejects Argument that Retroactive Application of CERCLA Section 113 Is Unconstitutional. June 2003
Pasadena Live, LLC v. City of Pasadena
City Found In Breach of Implied Contractual Covenant of Good Faith and Fair Dealing over the Renovation and Leasing of a City’s Amphitheater March 2004
Patel v. Southern California Water Company
Water Utility May Not Condemn Property for NonWater Related Services June 2002
Paterno v. State of California
California Court of Appeal Rules that State of California Is Liable for Flood Control Damage Due to Faulty Levee Construction January 2004
Paterno v. State of Callifornia, et al.
California Court of Appeal Considers Objections to Decision at October 12, 2001 Hearing in Paterno Flood Liability Trial November 2001
Paterno v. State of Callifornia, et al
Will New Flood Case Mean a Flood of Damages Paid to a Flood of Plaintiffs? Supreme Court Denies Review of Paterno Decision April 2004
Patterson, et al. v. The Barden & Robenson Corp.
District Court Finds Storm Water Runoff from Construction Projection Is Proper Basis for Clean Water Act Jurisdiction April 2007
Patterson v. The Barden & Robenson Corp
District Court Finds Storm Water Runoff from Construction Projection Is Proper Basis for Clean Water Act Jurisdiction May 2007
Paulson v. Abdelnour
Fourth District Court Holds Dedication of 42-Foot Cross on War Memorial Site by City of San Diego to the U.S. Does Not Violate California Constitution January 2007
Paulson v. City of San Diego
Ninth Circuit Finds San Diego's Sale of Property, Containing a 43-foot High Cross, Did Not Violate the No Preference Clause of the California Constitution. November 2001
Pawnee Well Users, Inc. v. Wolfe
Colorado Cities and Ranchers Challenge State Engineer’s Rules Exempting Mineral Rich Regions from Water Well Permitting July 2010
Paylor v. SIL Clean Water, LLC
Virginia State Court Issues Temporary Injunction against Shenandoah Valley Sewage Treatment Facility for Discharges into Shenandoah River April 2007
Pebble, LP v. Parnell
News from the West December 2009
Peconic Baykeeper, Inc. v. Suffolk County
District Court Finds Suffolk County Not Liable under the Clean Water Act for Pesticide Use Resulting in Fish Kills January 2009
Peconic Baykeeper Inc. v. Suffolk County New York
Second Circuit Holds Mosquito-Control Dredging Activities Lawful under the Clean Water Act June 2010
Pederson v. Public Utillity District No. 1
News from the West May 2009
Pena Blanca Partnership v. San Jose de Hernandez Community Ditch
New Mexico Court of Appeals Finds Appeal Provisions in Statute Governing Decisions by Commissioners of Acequias Constitutional December 2008
New Mexico District Court Orders De Novo Appeal in Northern New Mexico Acequia Lawsuits Challenging Acequias’ Authority to Deny Water Transfers November 2007
Pennaco Energy Co. v. Montana Board of Environmental Review
News from the West January 2008
Pennaco Energy v. U.S. Environmental Protection Agency
News from the West March 2008
Pennsylvania Department of Environmental Protection v. Allegheny Energy, Inc.
District Court Adopts Equitable Tolling for Statute of Limitations—Clarifies Prevention of Significant Deterioration Test in Clean Air Act Claims February 2009
Penta Creeks, LLC v. Olds
Utah Supreme Court Holds Statutory Requirement of Applicant Verification under Oath Is Not Satisfied by Attorney’s Signature June 2008
People, ex rel. Kerr v. County of Orange
Court of Appeal Upholds Voter's Adoption of Orange County Charter May 2003
People, ex rel Orloff v. Pacific Bell
California Supreme Court Finds Prosecutors May Pursue a Civil Enforcement Action Against A Public Utility While An Investigation by the Public Utilities Commission Is Ongoing February 2004
People of California v. Kelly
Legal Uncertainly: Local Regulation of Medical Marijuana Collectives April 2010
People of California v. Shell Oil Company
Orange County District Attorney Settles Suit against Shell Oil for Contamination Flowing from Underground Storage Tanks March 2005
People of California v. Tehama County Board of Supervisors
Third District Holds Attorney General Cannot Recover Attorneys’ Fees under the Private Attorney General Doctrine when Acting on Behalf of California May 2007
People of Illinois, ex rel. James Ryan v. Agpro, Inc., et al.
Illinois Supreme Court Rejects Retroactive Application of Statutory Amendment, Upholds Ruling that State Environmental Law Does Not Authorize Injunctive Relief April 2005
People to Save the Sheyenne River, Inc. v. North Dakota Department of Health
aaa April 2008
aaa April 2008
People v. County of San Bernardino
Settlement in People v. San Bernardino Offers Fresh Blueprint to Assess and Mitigate Climate Change Impacts under CEQA October 2007
People v. Osborn
Third Appellate Court: Looking at Gold Dredging, Defines a River’s “Banks” under California Fish and Game Code May 2004
Pepperell Associates v. United States Environmental Protection Agency
First Circuit Applies Spill Prevention Provisions of the Clean Water Act to Small Business June 2001
Perservation Action Council v. City of San Jose
Sixth District Finds City’s Failure to Fully Evaluate Reduced Size Alternative Violated CEQA October 2006
Phelps v. California State Water Resources Control Board
Third District Court Affirms State Water Resources Control Board’s Use of Term 91 in Water Permits January 2008
Phillip Nelson, Jr. v. Adnan Ali Najm
Texas Court of Appeals Invalidates “As-Is” Clause in Property Sales Contract when Underground Tank and Hazardous Waste Are Not Disclosed December 2003
Pieri v. City and County of San Francisco
First District Finds San Francisco’s Relocation Assistance Landlord—Tenant Ordinance Does Not Violate the Ellis Act May 2006
Pinal Creek Group v. Newmont Mining Corp.
District Court Disqualifies Jointly-Rentained Expert Based on Conflict of  Interest Rules. June 2004
Pine River Irrigation District v. U.S.
District Court in Colorado Finds 1891 Act Right of Way For Reservoir Does Not Vest upon Construction December 2009
Piney Run Preservation Assoc. v. County Commissioners of Carroll County, Maryland
Fourth Circuit finds Maryland’s State Prosecution of NPDES Violation Bars Companion Clean Water Act Citizen Suit June 2008
Pioneer Metals, Inc. v. Univar USA, Inc.
aaa April 2006
Pitt River Tribe, et al. v. U.S. Forest Service, et al.
Ninth Circuit Blocks Energy Development on Federal Land of Significance to Indian Tribe Because Federal Agencies Failed to Take ‘Hard Look’ at Project’s Impact January 2007
Placer County Local Agency Formation Commission v. Nevada County Local Agency Formation Commission
‘Principal County’ LAFCO Had Exclusive Jurisdiction to Establish Sphere of Influence for a Multi-County District within the Boundaries of the Local LAFCO’s County March 2006
Placer Ranch Partners v. County of Placer
Court of Appeal Finds Placer County's Decision to Prohibit Residential Development within One Mile of County Landfill Was Supported by Substantial Evidence. November 2001
Pland Place Realty Corp. v. Hauber
New York Trial Court Finds Residential Discharge of Wastewater May Lead to Wetlands Violation Liability June 2007
Planning and Conservation League v. Castaic Lake Water Agency
Second District Court Upholds Environmental Impact Report, Paving the Way for a Water Transfer February 2010
News from the West February 2010
Second District Upholds Environmental Review for Castaic Lake Water Agency Water Transfer February 2010
Superior Court Rules Castaic Lake Water Agency Was Proper Lead Agency for Water Transfer EIR— Water Transfer Agreement Is Final and Cannot Be Set Aside May 2007
Environmental Groups File Petitions to Prevent Transfers of Water to Castaic Lake Water Agency May 2005
Planning and Conservation League v. Department of Water Resources
DWR’s Long-Awaited ‘Monterey Plus’ Draft EIR Is Released for Public Comment December 2007
Win Some. Lose Some. Will It Ever End? The War over Water Supply in the Santa Clarita Valley April 2005
Court Approves Settlement in Litigation over Monterey Amendments July 2003
Planning and Conservation League v. Department of Water Resources,
California Supreme Court Declines to Review Court of Appeal's Decision Invalidating The Monterey Agreement EIR February 2001
Planning and Conservation League v. U.S. Bureau of Reclamation
District Court Temporarily Halts Intertie Project to Link Delta Canals April 2006
Player v. Motiva Enterprises, LLC
District Court Throws Out Property Damage and Medical Monitoring Claims Brought Following Contamination of Drinking Water Well March 2006
Plaza Speedway, Inc. v. U.S.
Tenth Circuit Finds Cleanup Action Brought against the U.S. under the Federal Tort Claims Act Is TimeBarred January 2003
POierre Hodgins v. Carlisle Engineered Products, Inc.
District Court Finds Failure to Comply with Continuing Legal Obligations to Retain Records and File Reports May Constitute a RCRA Violation May 2006
Pollack v. U.S. Department of Justice
Seventh Circuit Affirms Dismissal of Gun Range/Lead Pollution Suit under the Clean Water Act, RCRA and CERCLA for Lack of Standing November 2009
Pollack v. U.S. Dept. of Defense
Seventh Circuit Rules CERCLA Section 113(H) Prohibits Citizen Suits Challenging Transfers of Federally Owned Superfund Property December 2007
Popowsky v. Pennsylvania Public Utilities Commission
Need for Drinking Water Does Not Require Public Utilities Commission to Provide Water Line Extension January 2006
Port of Redwood City v. Gibson Environmental, Inc.
Ninth Circuit Affirms Judgment against Port in Negligence Per Se Claim Related to Environmental Cleanup April 2005
Port of Seattle v. Pollution Control Hearings Board, et al.
Washington Supreme Court Decides Against Requiring a Water Right for  Stromwater Management June 2004
Port of Tacoma v. Todd Shipyards Corp.
District Court Holds CERCLA Third-Party Contribution Claim Allowed as Stemming from Action under Section 9607 December 2008
Portage County Board of Commissioners v. City of Akron
Ohio Supreme Court Rules that State Lacked Authority to Convey Cuyahoga River Water Rights to the City of Akron May 2006
Porter v. U.S.
Eleventh Circuit Holds RCRA Does Not Permit Tort-Related Damages—Applies Discretionary Function Exemption of FTCA to Bar Common-Law Negligence July 2008
Porterville Citizens for Responsible Hillside Development v. City of Porterville
Fifth District Overrules Trial Court Decision Issuing Writ, Finding No Fair Argument of Significant Impacts of Housing Development February 2008
Postma v. County of Ottawa and Waste Management of Michigan, Inc.
Developer Unsuccessful in Suing Michigan for Potential Trespass of State Contamination November 2004
Potomac Riverkeeper, Inc. v. National Capital Skeet and Trap Club, Inc.
District Court in Maryland Requires Evidence of Continuous Violations for Liability under the CWA but Not under RCRA November 2005
Pound v. Airosol Company, Inc.
Tenth Circuit Identifies Factors to Consider When Assessing Penalties under the Clean Air Act October 2007
Powerline Oil Company v. Superior Court
California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency November 2005
Powerline Oil v. Superior Court
California Supreme Court Addresses Landfill Liability for Water Quality Impacts: If No Damage Award, then No Indemnity November 2005
Pratt v. California Coastal Commission
Second District Court Finds Vested Rights Are Superceded by California Coastal Act July 2008
Preferred Equities Corp. v. State Engineer, State of Nevada
Nevada Supreme Court Issues Opinion Concerning Forfeiture of Groundwater Rights November 2003
Preserve Shorecliff Homeowners v. City of San Clemente
Fourth District Court Deems Statutes Creating Residency Requirements for Circulators of Municipal Referendum Unconstitutional March 2008
Prime Gas, Inc. v. City of Sacramento
Third District Finds No State Preemption of Ordinance Prohibiting Sale of Tobacco to Minors with Suspending or Revoking Retailer’s Local License as Teeth July 2010
Primrose Operating Co., Cada Operating, Inc. v. National American Insurance Co.
Fifth Circuit Upholds Jury Award for Breach of Duty to Defend under Pollution Endorsement-Based Insurance Policies October 2004
Prince v. Pacific Gas and Electric Co.
Supreme Court Holds Recreational Use Immunity Statute Shielded PG&E from Personal Injury Claims Sustained on Utility Easement May 2009
Prisbrey v. Bloomington Water Company
Utah Supreme Court Reaffirms that only the Record Owner of a Water Right may File a Change Application June 2004
PRJ JSM Rivera LLC v. Community Redevelopment Agency of the City of Los Angeles
Second District Upholds Los Angeles’ Redevelopment Design Guidelines for North Hollywood March 2010
Pronsolino v. Nastri
U.S. Supreme Court Denies Certiorari in Pronsolino—Section 303 of Clean Water Act Applies to Nonpoint Source Impaired Waters in Ninth Circuit August/September 2003
TMDL Regulations Apply to All National Waters: Even if Only Affected by Nonpoint Source Pollution July 2002
Property Owners of Whispering Pines, Inc. v. Newport Pacific, Inc.
Fourth District Holds Subdivision Lands Act’s Regulation of Architectural Control Committees Inapplicable to Standard Subdivision, but Not a Bar to Suit November 2005
Protect Our Water v. County of Merced
Fifth District Court Orders Merced County to Pay Petitioner’s Attorney’s Fees in CEQA Case August 2005
Court of Appeal Confirms Attorneys Fee Award for Initiating Action that Lead to Positive Impact on Public Interest July 2005
Fifth District Sets Aside EIR Because of County’s Failure to Include Sufficient Findings to Support Certification in Administrative Record August/September 2003
Protect Our Water v. Islanders For Reasonable Water Management, et al.
Washington State Pollution Control Hearings Board Issues Rulings—Department of Ecology Establishes Policy for Determining Water Rights in Washington October 2004
Protect the Historic Amador Waterways v. Amador Water Agency
Water Agency’s EIR Found Invalid under CEQA for Failure to Include a Statement of Reasons May 2004
Prudential Insurance Company of America v. National Gypsm Company
Third Circuit Holds Prudential Insurance Failed to Establish RICO Claim against Asbestos Manufacturers and Sellers April 2004
Public Citizen, et al. v. U.S. Department of Transportation
Ninth Circuit Denies Request for an Emergency Request to Bar Mexican Trucks on U.S. Highways. July 2002
Public Citizen v. U.S. Department of Transportation
New Regulations Permitting Mexican Motor Carriers to Travel Beyond the "Border Zone" Subject To NEPA, Clean Air Act Review March 2003
Public Service Company of Colorado v. Meadow Island Ditch Company No. 2
Colorado Supreme Court Revisits the Distinction Between Contractual Water Delivery Rights and Adjudicated Water Rights May 2006
Public Services Company of Colorado v. Schrader Oil Company
District Court Lacks Jurisdiction over RCRA Citizen-Suit Requesting Remediation Beyond that Required by EPA under CERCLA December 2007
Public Utility District No. 1 of Clark County v. Washington State Pollution Control Hearings Board, et al.
Washington State Court of Appeals Upholds Preliminary Permit for Groundwater Testing April 2007
PUD NO. 1 of Pend Oreille County v. Washington Department of Ecology
State Decisions: Washington State Supreme Court's "Sullivan Creek" Decision Applies Clean Water Act § 401 Certification Decision in Elkhorn to Existing State Water Rights November 2002
Washington Supreme Court Rejects Application of a Public Interest Criteria Test in Determining Transfers of Surface Water Rights: The Sullivan Creek Decision October 2002
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